Archive | child custody

What are my rights as a Mother in South Carolina?

October 06, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

What are my rights as a Mother in South Carolina? As an unmarried Mother, you have total rights to your child, and you can allow the child’s Father or relatives to see him or her (or not to) at your discretion.  However, if you prevent the Father from having contact with the child without a […]

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What are my rights as a Father in South Carolina?

October 06, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

What are my rights as Father in South Carolina? As an unmarried Father, you have no legal rights to your child until you are declared as the Father by the Family Court. Until then, the Mother can allow you to see him or her (or not to) at her discretion. However, if you are prevented […]

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South Carolina Family Court Appeals and Post-Trial Motions

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog   |   0 Comments

South Carolina Family Court Appeals and Post-Trial Motions My case is over, but I’m unsatisfied with the result. Do I have options? If you are reading this blog, your case is likely over, but you’re unhappy with the outcome.  The Court has very strict rules that you must follow when challenging a decision. It is […]

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Can I ask the other party to pay my attorney’s fees?

August 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog   |   0 Comments

Can I ask the other party to pay my attorney’s fees? Yes.  The family court uses a two step process when considering requests for attorney’s fees and other related costs.  First, they determine if either side is entitled to an award. Then, they establish an appropriate amount.  The requesting party has the burden of proof to establish both […]

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Child Custody Blog – Breaking Down the Factors

July 13, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

How is child custody really determined? On my primary custody page as well as my Blog, we discuss the statutory factors a Judge considers when determining the best interests of the child in child custody cases.   The seventeen (17) factors are listed in SC Code 63-15-240 (B). Is one custody factor more important than others? […]

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Uncontested Divorce – Greenville South Carolina

January 18, 2017  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Uncontested Divorce – South Carolina An uncontested divorce is one where the parties do not fight in Court and simply need to be divorced legally. In this blog I will list the three (3) main scenarios when I deal with an uncontested divorce and then what it means for hiring an attorney. 1. Scenario One […]

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Child Support FAQs – Greenville, SC – Child Custody

April 21, 2015  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Child Support Frequently Asked Questions – by Child Custody Attorney Brian P. Johnson, Esq. 1. How is child support determined? To determine how much child support you may have to pay or be entitled to receive, first you must figure out if the visiting/secondary parent (if any) has more than 109 overnights with the child/children. […]

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Grandparent (and Non-parent) Rights in South Carolina

February 11, 2015  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Grandparent (and Non-parent) Rights in South Carolina While the law gives great deference to parents of children, grandparents (and others) can get visitation and custody rights to children in certain situations.  I will breakdown the most common below: De Facto Custodian (SC Code 63-15-60) – A De Facto Custodian is someone who is shown to […]

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SC Family Court Mediation

December 23, 2014  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

SC Family Court Mediation What is Mediation? Family Court mediation is best described as a negotiation where the parties attempt to resolve the contested issues in their case.   Most mediations have the parties go into separate rooms while the mediator (see below) goes back and forth as the negotiation progresses. Mediation is also known to […]

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Greenville, SC – Family Court – Financial Declarations

November 10, 2014  |   Posted by :   |   child custody,Divorce,Family Law Blog,Visitation   |   0 Comments

Greenville, SC – Family Court – Financial Declarations Did you know that your appearance in Family Court in Greenville, SC or statewide will likely require the submission of a Financial Declaration? Rule 20 of the South Carolina Rules of Family Court requires a submission of a Financial Declaration whenever “the financial condition of a party is […]

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